ATTORNEY RYAN ATTENDS ANNUAL FAMILY LAW CONFERENCE

Attorney Ryan attended the 21st Annual Family Law Conference presented by the Massachusetts Bar Association on October 28th and 29th at the Chatham Bars Inn in Chatham. This conference was attended by approximately two hundred family law attorneys who came from all parts of Massachusetts to hear a variety of panelists speak about recent developments in family law.  Perhaps the most eagerly attended session was the session addressing "What Alimony Reform Will Mean for Your Clients and Your Practice." The panelists included Probate and Family Court Chief Justice Paula M. Carey, the Honorable Peter C. DiGangi, and several family law attorneys.  The panel applauded the Alimony Reform Act of 2011, citing it provides guidance and predictability, and also encourages alimony recipients to become more financially independent, particularly in shorter term marriages.

Alimony was certainly a focal point of the conference, but other topics such as defining and allocating income in support cases, the removal of a child/children from the Commonwealth on a permanent basis, and parent alienation were also important topics that were addressed by various panelists, including attorneys and judges.

The two day conference certainly highlighted the importance of evaluating alimony cases under the present law, and the Alimony Reform Act, which becomes law on March 1, 2012.  There are significant changes that will take effect at that time, which were highlighted in the October 2011 newsletter.

REHABILITATIVE ALIMONY, REIMBURSEMENT ALIMONY, AND TRANSITIONAL ALIMONY

The "Alimony Reform Act of 2011" describes alimony as "the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time, under a court order." Under the present alimony law, the courts have discretion in awarding alimony pursuant to the factors enumerated in M.G.L. 208 section 34. In March 2012 when the Reform Act becomes law, the courts will be able to order periodic or one-time payments of support, other than "general alimony." Specific duration periods for alimony are stated in Section 49 of the Reform Act. These time periods relate to general term alimony, which will be discussed in the November newsletter.

"Rehabilitative alimony" is a periodic support payment to a spouse who is expected to become economically self-sufficient by a predicted time, by reemployment, completion of job training, or receipt of a lump sum under a judgment. This may be applicable in cases where a spouse has lost his/her job and needs to be either retrained, complete his/her education, or perhaps have money to begin employment.

"Reimbursement alimony" is the periodic or one-time support payment to a spouse after a marriage of not more than five (5) years to transition the spouse for economic or noneconomic contribution to the financial resources of the payor spouse, such as enabling the spouse to complete an education or job training. This may be applicable when one spouse supported the other while he/she attended graduate school, or perhaps contributed the monies for such education, or any other expenses.

"Transitional alimony" is the periodic or one-time support payment to a spouse after a marriage of not more than five (5) years to transition the spouse to an adjusted lifestyle or location as a result of the divorce. Such support may be appropriate if the parties relocated to a different location for employment benefitting the payor spouse. The recipient spouse would require support for a period of time, or a lump sum payment while he/she obtained employment.

Each case is fact specific. There are numerous other situations that may arise under each type of alimony, after the Reform Act becomes law in March 2012.

Melaney's Corner